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FLORIDA EAST COAST RY. CO. v. CSX TRANSP., INC.

Nos. 93-2601 & 93-2742.

42 F.3d 1125 (1994)

FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation, Plaintiff-Appellant/Cross-Appellee, v. CSX TRANSPORTATION, INCORPORATED, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 21, 1994.

Rehearing and Suggestion for Rehearing Denied February 6, 1995.

Attorney(s) appearing for the Case

Jerome H. Torshen, Abigail K. Spreyer, Torshen, Schoenfield & Spreyer, Chicago, IL, Eugene Crew (argued), Richard L. Grossman, Amy Slater, Townsend & Townsend Khourie & Crew, San Francisco, CA, for plaintiff-appellant.

Paul V. Esposito, James R. Gannon, Lewis, Overbeck & Furman, Chicago, IL, Richard McMillan, Jr. (argued), Alexandre de Gramont, Scott L. Winkelman, Thomas P. Humphrey, Crowell & Moring, Washington, DC, for CSX Transp., Inc.

Frederick L. Wood, Nicholas J. DiMichael, Richard D. Fortin, John S. Markle, Donelan, Cleary, Wood & Maser, Washington, DC, for National Industrial Transp. League.

Richard A. Allen, Richard P. Schweitzer, Zuckert, Scoutt & Rasenberger, Washington, DC, for American Bus Ass'n.

Before BAUER, FLAUM and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 6, 1995.

ILANA DIAMOND ROVNER, Circuit Judge.

Florida East Coast Railway Company ("FEC") has sued CSX Transportation, Inc. for breach of a 1978 Settlement Agreement requiring that "[w]henever [CSX] establishes routes and rates ... it will also establish routes and rates on the same basis to or from any point served by FEC...." CSX argues that the Settlement Agreement does not apply to privately...

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